Resolutions to Censure the President: Procedure and History

Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or other government official. While Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section 5), non-Member censure is not. Rather, it is a formal expression or “sense of” one or both houses of Congress. Censure resolutions targeting non-Members have utilized a range of statements to highlight conduct deemed by the resolutions’ sponsors to be inappropriate or unauthorized. Before the Nixon Administration, such resolutions included variations of the words or phrases unconstitutional, usurpation, reproof, and abuse of power. Beginning in 1972, the most clearly “censorious” resolutions have contained the word censure in the text. Resolutions attempting to censure the President are most often simple resolutions. These resolutions are not privileged for consideration in the House or Senate. They are, instead, considered under the regular parliamentary mechanisms used to process other kinds of legislation. Since 1800, Members of the House and Senate have introduced resolutions of censure against at least 13 sitting Presidents. Two additional Presidents received criticism via alternative means (a House committee report and an amendment to a resolution). The clearest instance of a successful presidential censure is Andrew Jackson. The Senate approved a resolution of censure in 1834. On three other occasions, critical resolutions were adopted, but their final language, as amended, obscured the original intention to censure the President. In the 118th Congress, the House agreed to H.Res. 1469, a resolution that, while not containing the word censure in its text, directly “condemns” specific individuals within the Biden Administration, including President Biden. In the remaining cases, censure resolutions remained in committee, without further consideration, or were defeated in a floor vote. Nevertheless, presidential censure attempts have become more frequent since the Watergate era.